Item F45 BOARD F COUNTY COM[MMONERS
AGENDA ITEM SUMMARY
Meeting ove 20. 12 Divisi lig�! g
l tm Protect n9MNL—
Staff Contact
Person/PhoneIe B ( 10
AGENDA ITEM WORDING: Approval to accept a title policy containing an exception and to proceed with
the purchase ived by Dr.Fred R.Burin in the road abandonment,including the conveyance
inchstrip,on land to Dr.Burrin. This is the last portion of land needed for the building of the Stock Island Fire
Station.This portion of land willking area and no buildings will be cons d on it.
ITEM BACKGROUND: 0 17,2012 the BOCC approved the Purchase and Sale agreement with Dr.
Burrin. the closing was scheduled to take placesoon thereafter possible. Subsequently, the tie company
notified the County that it would not issue a policy with regard to the Burrin sale unless the County either(1)
accepts exception on the tide policy r 2)obtains releases owner in Blocks 3,and
. The title company is basing its decision on the beneficial rule which provides that when a grant of real
property includes reference to a plat,the granteel(property owner)receives the right to all the streets in the plat
that are beneficial to him and the deprivationwhich would of the property. However,each
case must be determined on its own facts, and in order to prevail a property owner must show damage r
detriment to his property,and must show a special injury,differing not only in degree,but also in kind,from the
damage sustained community at large. I see the attached drawings, the highlighted area shows the
abandoned portion cD ald Avenue,the hash marks show the area whichCounty will be purchasing
from .Burrin,and the circled numbers o location of surrounding bloclo including Blocks 3 ,and
34. Note that the County owns the land on both sides abandoned road and Burrin owns the only lot
adjacent to the road.
PREVIOUS RELEVANT BOCC ACTION:In order to acquire the amount of land needed to build the Stock
Island i Station, county abandoned a portion of MacDonald Avenue.Dr..B '.,as adjacent land owner,
receivedrti land whichbetween the County'a Lot 10,of Block .Burr&s Lot I I of Block
1. DL Burrin agreed to sell his portion of the road received in ent to the County;
additionally, a County agreed to convey to Dr. Burrin a s' ( ) inch stripland whichruns w n
County's, 12 and Dr. B 's Lot 11. On October 17, 2012 the BOCC approved the Purchase and Sale
agreement i .Burrin.
CONTRACTIAGREENENT CIIANGES:None
STAFF CO E ATIONNS:Approve
TOTAL COST.-_U14DIRECT COST: _ _.._..B a�E . 'Yes o.
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:.—......— OURFUNDS-—.
REVENUE PRODUCING: Yes— No— AMOUNT PER MO .�
APPROVED County,Atty L„01101
"basing w_ 's Management
DOCUMENTATION:Inclu dRequired ,
pw
DIS� ITIO t......... ,� _ _ AGENDA ITEM �
MONROE COUNTY BOARD OF COUNTY Y COMMISSIONERS
CONTRACT C"T SUMMARY
Contract i .Fred R. Buffin Contract
Effective
Expiration Date:
Contract Purpose/Description:
Accept ce o title polic�t r ei�e i a purehase
Contract Manager: Natileene Cassel Le al
(Name) (Ext.) (Department/Stop )
for BOCC meeting on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: Current Year Portion:
[Budgeted?YesE No El Account Codes:
Chant:
County Ni—atdr
ADDITIONAL COSTS
Estimated Ongoing Costs: , Syr For.
(Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed evieer
Division Director : I'. Yeso No i A/
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Risk Management � m� No ��
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O. ,.lea chming Yeso NoEjW .. �...,
County Attorney //4Y 7- YesE1 NoRl
Comments:
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AGREEMENT FOR THE PURCHASE OF LANDS
-/,h
THIS AGREEMENT is made and entered into this /�f,_day of 2O1Z, bby and between
FredR. Burrin, 6150 Second 6t, Key West, F| 3304O'S997
hereinafter styled the Seller, for himself, his heirs, executors, administrators, successors and assigns, and the
' KAOMROECOUNTY BOARD OF COUNTY COK4K8|66|ONER6 (hereinafter, "COUNTY").
VV|TNE66ETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby
acknowledged, the Seller agrees to sell to the COUNTY certain lands upon the terms and conditions
hereinafter set forth, and for all of the lands and other interests, which lands shall include all tenements,
hereditamen1s, together with all water and other rights, easements, appurtenances, and any and all of the
Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in
the County of Monroe,State of Florida on Stock Island, more particularly described as follows, to-wit:
See Exhibit "A"attached hereto and made a part hereof
This legal description (EXHIBIT °A") covers that portion of K0ocOmno|d Avenue which is the subject of the
road abandonment and m small strip of land lying alongside Lot 12'
2. The Grantor and Grantee recognize that the property described located on MacDonald Avenue above
is a portion of a proposed road abandonment which must be approved by the Board of County Commissioners
pursuant to Florida Statutes and the Monroe County Code. The Seller agrees that the closing of this
Seller.transaction is entirely continggtrit qpgn the Seller obtaining ownership of the described property subsequent
to approval of a road abandonment of the property and conveyance of the oroperty to
3. The SeUer(s)agree that they have full right,power and authority to convey,and that they will
convey to the COUNTY the fee simple title together with legal and practical access thereto clear, free and
unencumbered,except subject tothe following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone,
telegraph, power transmission lines and public utilities. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law.
4. The3eUer(s) further agree not to d4 or suffer others to d4 any act by which the value or title 0o said
lands may be diminished orencumbered.
5. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the
COUNTY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be
borne by the Seller; and that, in the event any such loss or damage occurs' the COUNTY may refuse, without
liability, to accept conveyance of said )ends, or it may elect to accept conveyance upon an equitable
adjustment uf the purchase price.
G. The Seller further agrees that during the period covered by this instrument officers and accredited
agents of the COUNTY shall have at all proper times the unrestricted right and privilege to enter upon said
lands for all proper and lawful purposes, including examination of said lands and the resources upon them.
I � � age
. .
. . . . `
` .
The Seller hereby waives his rights to any and all claims against the COUNTY associated with, or arising from
ownership of,said lands and this waiver shall survive closing.
7. The Seller will execute and deliver upon demand of the proper officials and agents of the COUNTY a
good and sufficient deed of warranty conveying to the COUNTY a safe title to the said lands of such character
as to be satisfactory to the legal counsel of the COUNTY and said deed shall provide that the use, occupation
and operation of the rights-of-way, easements and reservations retained therein, shall be subordinate to and
subject to such rules and regulations as may be prescribed by the COUNTY governing the use, occupation,
protection and administration oflands.
8. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other interests
for the price ofTnventVpKXne Thousand Dollars and No Cen1s($21,OOO'0M). The COUNTY further agrees that,
after the preparation,execution, delivery and recordation of the deed, and after the legal counsel of the
COUNTY shall have approved the title thus vested in the COU NTY, it will cause to be paid to the Seller the
purchase price bya check drawn on the account of the COUNTY. The COUNTY shall pay the following expenses
associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title
examination fees,the Buyer's attorney's fees,documentary stamps to be affixed to the deed, and title
insurance for the property described in Exhibit A,as well as the pro rata share of prepaid real property taxes
allocatable to the period subsequent to the vesting of title in the COUNTY,or the effective date ofpossession
of such real property by the same,whichever isearlier. The Seller shall pay the expenses of the removal of
trash, debris,and structures from the property described in Exhibit A, if any, real estate commissions he has
incurred, if any, and title insurance on the real property to be conveyed to Seller as provided herein below.
Full possession of the premises shall pass to the COUNTY as of the date payment is made to the Seller(s)
subject only to the reservations stated in Section 2 through Section 4above.
9. As additional consideration,the County agrees that it will,simultaneous with closing of the above
described property convey unto the seller the real property more specifically described Exhibit Btothe Seller.
The County shall be responsible for costs associated with the said transfer excluding the cost of title insurance.
Upon approval by the Board of County Commissioners,the Mayor shall be granted the authority to sign a deed
or other required documents to effectuate the transfer of said property.
10. K is mutually agreed that an abstract, tide insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by the COUNTY
at its expense. The Seller expressly agrees herein to furnish to the COUNTY any documents in Seller's
possession establishing evidence of 1h|e including, but not limited to, abstracts, title commitments, title
policies and opinions oftitle.
11. This Agreement mav not be assipned bv anv Partv without the prior written consent of the other
Rgrties.
12. b shall be the obligation ofthe Seller to pay all taxes and assessments, ifany, outstanding asliens at
the date title vests of record in the COUNTY, whether or not such taxes and assessments are then due and
payable.
13, It is mutually understood and agreed that notice of acceptance of this agreement shall be giventothe
SeUer(s) by mail addressed to the 5eUer(a) at the following address:
2 1 Page
/
. .
Fred Buoin, DVM
61S8 SECOND ST
KEY WEST, FL33040-G9g7
and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a
separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof.
14. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
15. The effective date ofthis agreement shall he that date when the last one of the Seller and the COUNTY
has signed this agreement.
16. The Closing Date of this agreement shall be October 18,2O12,oras soon as possible following that
date upon completion of title work, Board of County Commission approval and signatures have been received
and other documents can be completed for closing,whichever issooner.
17. If the Seller wishes to proceed with this transaction, the Seller has until May 25, 2021 to sign and
return this contract to the COUNTY; subsequently, the contract will be presented to the Board of County
Commissioners at the first available commission meeting pursuant to county policy.
IN VV|TWE5S WHEREOF, the SeUerhms hereunto signed his name and affixed his respective seal on the
day first above written, with the understanding that this Agreement for Purchase cannot be executed by the
COUNTY until after it is reported to it for its consideration, and therefore the Seller for and in consideration of
the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY or
its authorized representative, or any other office or agent of the COUNTY authorized to purchase said lands,
the option and right to enter into this Agreement for Purchase within sixty (GU) days from the execution
thereof by the Seller,and to purchase said lands as herein provided.
SeUer(s):
�� (~ � �� � � - Q � ~7
1 '/' / / `� /�-/ ��L/^/ - ~- / ^ ~' r-�- /
SighatureofSeller Date Phone Number for Seller
0y °
Printed name ofSeller
K8ONROE COUNTY, acting by and through k Board ofC cqmmissioners, hasexecutedthisagreementon
behalf of the yNONR0E COUNTY this day of 2012.
'` ^^
BOARD OF COUNTY COMMISSIONERS
K]FMOM&C)E COUNTY,FLORIDA
VC. BY:
Deputy
Oerk Mayor/Chairman
Date:
MONROE COUNTY ATTORNEY
PR VED A��.,
3 | PagN A01 0LEeE N f
COUPTY ATTORNEY
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. . .
EXHIBIT"A"
Tm the Agreement for Purchase mfLands
Between Fred R.Burrin and Monroe County
A portion of MacDonald Avenue, lying South of Lot 11, Block 31, "MALONEY'S 3U8Q|V|S|DN OF STOCK
ISLAND", A subdivision of Government Lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36,
Government Lot3, Section 26, and Government Lot Z, Section 34, all in Township 67 South, Range 25 Easton
Stock Island according to the plat thereof, as recorded in Plat Book 1 at Page 55 of the Public Records of
Monroe County, Florida, and being more particularly described asfollows:
BEGIN at the Southeast corner of said Block 31; thence S 00^05'34" E along the Southerly extension of the
Easterly line of said Block 31 for a distance of3D.UU feet to the centerline of MacDonald Avenue; thence
89"54'26" VV along the centerline of said MacDonald Avenue for a distance of5U.O8 feet to the Southerly
Extension of the Westerly line of said Lot 11; thence N 00~05'34" VV along the Southerly extension of the
Westerly Line of said Lot 11 for a distance of 30.00 feet to the Southwest corner of said Lot 11, and also being
the Northerly right-of-Way line of MacDonald Avenue; thence N 89^54'26" 2 along the Southerly lines of said
Lot 11 and the Northerly Right-of-Way Line of MacDonald Avenue for a distance of5U.UO feet to the Point of
Beginning.
Containing 1,5OQ.UO square feet orO.O344 acres more orless.
4 1 Page
. . .
EXHIBIT"B"
To the Agreement for Purchase mfLands
Between Fred R,Bwrrin and Monroe County
The Easterly 0.5 feat of Lot 12 Block 31, "MALONEY'S SUBDIVISION OF STOCK ISLAND", A subdivision of
Government Lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36, Government Lot3, Section IG, and
Government Lot2, Section 34, all in Township 67South, Range25 Easton Stock Island according to the plat
thereof, as recorded in Plat Book 1 of Page 55 of the Public Records of Monroe County. Florida, and being
more particularly described as follows.
BEGIN at the Southeast corner of said Lot 12, Block 31;thence N 00'05'34"W along the Easterly line of said Lot
12 for a distance of 125.00 feet to the Northeast corner of said Lot 12; thence S 89^54~I6° VV along the North
line of said Lot 12 for a distance of0.50 feet; thence S 00~05~34" E for a distance of 125.00 feet to the
Southerly line of said Lot 12; thence 0 89"54~26" E along the said Southerly line of Lot 12 for .050 feet to the
Point ofBeginning.
Containing 6Z.5O square feet orO.0014 acres more orless.
51 Page
EXHIBIT"A"
To the Agreement for Purchase of Lands
Between Fred R.Burrin and Monroe County
A portion of MacDonald Avenue, lying South of Lot 11, Block 31, "MALONEY'S SUBDIVISION OF STOCK
ISLAND", A subdivision of Government lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36,
Government Lot 3,Section 26,and Government Lot 2,Section 34, all in Township 67 South, Range 25 East on
Stock Island according to the plat thereof, as recorded in Plat Book 1 at Page SS of the Public Records of
Monroe County,Florida,and being more particularly described as follows:
BEGIN at the Southeast corner of said Block 31; thence S 00'05'34" E along the Southerly extension of the
Easterly line of said Block 31 for a distance of 30.00 feet to the centerline of MacDonald Avenue; thence S
89"54'26" W along the centerline of said MacDonald Avenue for a distance of 50.00 feet to the Southerly
Extension of the Westerly line of said Lot 11; thence N 00"05'34" W along the Southerly extension of the
Westerly Line of said lot 11 for a distance of 30.00 feet to the Southwest corner of said Lot 11,and also being
the Northerly right-of-Way line of MacDonald Avenue;thence N 89°54'26" E along the Southerly lines of said
Lot 11 and the Northerly Right-of-Way Line of MacDonald Avenue for a distance of 50.00 feet to the Point of
Beginning.
Containing 1,500.00 square feet or 0.0344 acres more or less.
4 1 L age
EXHIBIT"B"
To the Agreement for Purchase of Lands
Between Fred R.Burrin and Monroe County
The Easterly 0.5 feet of Lot 12 Block 31, "MALONEY'S SUBDIVISION OF STOCK ISLAND", A subdivision of
Government Lots 1,2,3,5, & 6,Section 35, Government Lot 2,Section 36, Government Lot 3,Section 26, and
Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat
thereof, as recorded in Plat Book 1 of Page 55 of the Public Records of Monroe County, Florida, and being
more particularly described as follows:
BEGIN at the Southeast comer of said Lot 12, Block 31;thence N 00°05'34"W.along the Easterly line of said Lot
12 for a distance of 125.00 feet to the Northeast corner of said Lot 12;thence S 89"54'26"W along the North
line of said Lot 12 for a distance of 0.50 feet; thence S 00°05'3W E for a distance of 125.00 feet to the
Southerly line of said Lot 12;thence N 89'54'26" E along the said Southerly line of Lot 12 for .050 feet to the
Point of Beginning.
Containing 62.50 square feet or 0.0014 acres more or less.
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pOFMON To BE ACQUIRED
FROM 13URRIN
WHICH HE RECEIVED VIA
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County of Monroe
Growth Management Division
nWWWgnvironmetttal Rtsonrceg Board of Comb Commtsdonerx
DENWhagm Mayor David[floe,Dist 4
2799 Overseas Highway,Suite 410 Mayor Pro Kim WigingtonTem Dist.1
Marathon,FL 33050 Heather Carruthers,Dist.3
Voice: (305)299.25DO George Neugent,Dist.2
PAX: (305)299-2536 Sylvia J.Murphy,Dist.5
We shave ro be erring,professional and fair
$ Six Inch strip of land running;between Lot 11 and Lot 12 on Stock Wand.Florids to 6e conveyed to Dr.
EMd Burrin.
This memo explains the conveyance of a six(6)inch strip of land running between Lot 11,Block 31 of Maloney's
Subdivision owned by Dr.Fred Burrin and Lot 12,Block 31 of Maloney's Subdivision owned by the County,and
located on Stock Island,a complete legal description of this is attached as Exhibit B.
1. The County owns Lot 12, 13, 14,and 15 of Block 31 Maloney' Subdivision of Stock Island,a subdivision
of Government Lots 1,2,3,5&6,Section 34,all in Township 67 South,Range 25 East on Stock Island according
to the plat thereof,as recorded in Plat Book 1 at Page 55 of the Public Records of Monroe County Florida.
2. The County wishes to convey to Dr.Fred Burrin this strip of land as part of an Agreement for the
Purchase of Lands.This Agreement also includes the purchase by the County of real property received by Dr.
Burin when the county abandoned a portion of MacDonald Avenue.
3. An illustration of both the 6 inch strip of land to be conveyed from the County to Dr.Burrin and the
portion of land which the County is acquiring from Dr.Burin as a result of the road abandonment is attached
hereto as Exhibit A.
4. The entire 6 inch section being conveyed to Dr.Burin is a discrete unit of land and is of insufficient size
and shape to qualify for a building permit for any type of development other than a fence to be constructed under
the set back and other requirements set forth in the Monroe County Land Development Code.
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ANDOMMENT
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EXHIBIT"B"
To the Agreement for Purchase of Lands
Between Fred R.Burrin and Monroe County
The Easterly 0.5 feet of Lot 12 Block 31, "MALONEY'S SUBDIVISION OF STOCK ISLAND", A subdivision of
Government Lots 1,2,3,5, & 6, Section 35,Government Lot 2, Section 36, Government Lot 3, Section 26, and
Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat
thereof, as recorded In Plat Book 1 of Page 55 of the Public Records of Monroe County, Florida, and being
more particularly described as follows:
BEGIN at the Southeast corner of said Lot 12, Block 31;thence N 00°05'34"W along the Easterly line of said Lot
12 for a distance of 125.00 feet to the Northeast corner of said Lot 12;thence S 89'54'26"W along the North
line of said Lot 12 for a distance of 0.50 feet; thence S 00*05'34" E for a distance of 125.00 feet to the
Southerly line of said Lot 12; thence N 89°54'26" E along the said Southerly line of Lot 12 for.050 feet to the
Point of Beginning.
Containing 62.50 square feet or 0.0014 acres more or less.